I Am Named As An Executor In A Will. Is That A Good Thing?

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Bellomo & Associates

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Posted on

Sep 15, 2023

Book/Edition

Pennsylvania - South Central PA

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I often find in my estate planning and elder law practice that every child or family member wants to be named as an executor in their loved one's documents.

However, I often find that nobody actually knows what that means and has absolutely no idea how much work it entails. I think people believe it is a rite of passage or an honor to be named, which it can be, but it also comes with a lot of work and some significant responsibility.

The person who is named as the executor in a Last Will and Testament is a fiduciary and is held to a higher standard than an ordinary individual or beneficiary. If the executor does not carry out his or her duties and obligations appropriately, if the appropriate taxes are not paid or if the beneficiary’s interests are not protected like they were supposed to be the executor can be held personally liable in the Commonwealth of Pennsylvania.

Furthermore, it is imperative that the person who is being named as the executor is a very organized individual, who can handle balancing and managing a checkbook and also multi-tasking. The relationship of a person to another individual does not make them the right choice or the right candidate for the position.

If you are named, my recommendation would be to start understanding now what that entails, and what you will be asked to do. If you are not comfortable serving, I would advise that you let the person know so that they can make alternate or contingent plans in their estate planning.

If you find yourself named as an executor, I would highly recommend that you seek advice from an attorney who has lots of experience in this area. Oftentimes, people are lulled into thinking that acting as the executor and opening the estate is a very simple process and that an attorney is not needed.

While I agree that the original meeting at the courthouse and getting the grant of Letters Testamentary are not difficult things, that is merely the first step, from that point forward there is a myriad of requirements of notices to not only beneficiaries and heirs but also creditors. There is a Pennsylvania inheritance tax return required to be filed as well as potentially a fiduciary income tax return. Being named is only the first step, and that is by far the easiest.

Since an executor is a fiduciary and is held to a higher standard and can be held personally liable to creditors and to other beneficiaries, I highly recommend seeking the advice of counsel. Not any counsel, but counsel who is familiar with the inner workings of the estate administration process in Pennsylvania, including but not limited to, the priority statutes, understanding who gets paid first, second, third, etc., which can undoubtedly cause issues if the estate does not have a lot of money or happens to be an insolvent estate.

While it can be an honor to be named as an executor, we urge you and encourage you to understand all the expectations that come with it and what you can do ahead of time to be prepared. If you find yourself named, plan to seek the counsel of a qualified individual to walk you through the process so that you do not have to worry about any potential liability or any potential pitfalls of which you may be unaware.

If you would like to learn more about being an executor in the Commonwealth of Pennsylvania, please give our office a call at 717-208-4546 or come to one of our upcoming workshops to learn more.

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Bellomo & Associates

Estate Planning 3198 E Market St, York, Pennsylvania, 17402

We Educate so what happened to the Bellomo Family doesn't happen to yours!Our firms mission is to ensure that you and your family never needlessly, painfully suffer. Every team member has a personal story that has brought us here to advocate for you and your family. We want to replace your burden with peace of mind. We have the answers, but more important, we have your back.Bellomo & Associates, LLC advises Individuals and families, business owners, senior citizens, and their families about the estate planning and elder law challenges facing them today. For seniors and their families facing the issues of aging, or for those of any age who wish to protect their familys financial future, we counsel clients and provide solutions on Asset Protection; Specials Needs Trusts; Wills; Trust Design; Medicaid; Estate Planning; Nursing Home Matters; and Estate Administration. For our clients who own businesses, our team assists them with succession planning for their business in conjunction with their estate planning.  We have office locations in York, PA, and Lancaster, PA.We offer FREE workshops!  Our workshops are fun and entertaining ways to learn! We provide you with the information to decide what is right for you. If after attending, you decide we arent the right fit no problem! Youll never feel any pressure from our team.